Commonwealth v. Parker
Massachusetts Supreme Judicial Court
Indictment, under Pub. Sts. c. 203, § 40, alleging that the defendant, on May 1,1894, at Springfield, “ being then and there the clerk, servant, and agent of the New York, New Haven, and Hartford Railroad Company, a corporation then and there duly and legally established ” under the laws of said Commonwealth, “ did then and there, by virtue of his said employment, have, receive, and take into his possession certain goods, chattels, and property, to wit, fifty pieces of…
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Indictment, under Pub. Sts. c. 203, § 40, alleging that the defendant, on May 1,1894, at Springfield, “ being then and there the clerk, servant, and agent of the New York, New Haven, and Hartford Railroad Company, a corporation then and there duly and legally established ” under the laws of said Commonwealth, “ did then and there, by virtue of his said employment, have, receive, and take into his possession certain goods, chattels, and property, to wit, fifty pieces of paper, each of the value of two dollars, fifty railroad tickets, each of the value of two dollars, of the goods, chattels,'…
1Opinion of the CourtLathrop, J.
The motion to quash was rightly overruled. If the indictment had contained the word “and” between the different allegations naming the property embezzled, it would have been perfect in form. We think the omission of this word is not fatal to it. It was evidently the intention of the pleader to charge the embezzlement of fifty pieces of paper, and also of fifty railroad tickets, so that his proof might be applied to either description that was deemed proper. It has repeatedly been held that an indictment charging larceny of a certain number of pieces of paper, each of a certain stated value,…
2Cases cited7 opinions
- Commonwealth v. MacloonMassachusetts Supreme Judicial Court · 1869
- Commonwealth v. AndrewsMassachusetts Supreme Judicial Court · 1806
- Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 1877
- Commonwealth v. CullinsMassachusetts Supreme Judicial Court · 1804
- Commonwealth v. PrattMassachusetts Supreme Judicial Court · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Armour Packing Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1907
- Commonwealth v. KiernanMassachusetts Supreme Judicial Court · 1964
- Hamilton v. StateCourt of Special Appeals of Maryland · 1971
- Commonwealth v. CarverMassachusetts Supreme Judicial Court · 1916
- Commonwealth v. LanoueMassachusetts Supreme Judicial Court · 1950
11 more not listed; retrieve them via the Exa API.